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					Alaska Rural Justice and Law
  Enforcement Commission

      Presentation to the
     Alaska Bar Association




         June 14, 2006
     Alaska Rural Justice and Law
       Enforcement Commission
            Presentation Summary

   History
   Commission Membership
   Process
   Recommendation Highlights
   Recommendations Impacting State Law
   Commission’s Future
   Question and Answer
     Alaska Rural Justice and Law
       Enforcement Commission

                    History

   Created by Congress in 2004
       (PL-108-199)
   Charged with studying 4 broad areas:
       1. Law Enforcement
       2. Judicial Services
       3. Alcohol Importation and Sale
       4. Domestic Violence and Child Abuse
     Alaska Rural Justice and Law
       Enforcement Commission

          Commission Membership (Nine)

   Members appointed by U.S. Attorney General
    (Department of Justice) on 9/2/2004

   Federal and State Representatives served as
    Co-Chairs
     U.S. Attorney and Alaska Attorney General
     Alaska Rural Justice and Law
       Enforcement Commission
Federal Co-Chair (U.S. Attorney):                  Deborah Smith
(Tim Burgess also served in this position)

State Co-Chair (Attorney General):                 David Márquez
(Gregg Renkes & Edgar Blatchford also served in this position)

Commissioner of Public Safety:                     Bill Tandeske

Alaska Municipal League:                           Bruce Botelho
(preferably a rural member)


An Organized Borough:                              Empty Seat
(Roswell “Ross” Schaeffer resigned from this position)
   Alaska Rural Justice and Law
     Enforcement Commission
Alaska Federation of Natives:           H. Buddy Brown
(Ethan Schutt served in Buddy’s seat)


Tribal Representative:                  Wilson Justin

Non-Profit Native Corp:                 Loretta Bullard
(that operates a VPSO program)


Alaska Native Justice Center:           Gail Schubert

Non-Voting Federal Court Rep.:          James Torgerson
     Alaska Rural Justice and Law
       Enforcement Commission

                      Staff

   Alaska Native Justice Center – logistical
    support
   Additional support: AFN, AI-TC, Regional
    Native Non-Profits, Alaska Court System,
    DHSS and DOC
   Various experts on a contract basis
   Special Assistant – technical support
     Alaska Rural Justice and Law
       Enforcement Commission
                     Process

   Commission Meetings
       October 2004 - Present
   Four Working Groups
       January – April 2005
   Pubic Hearings
       October 2004 to April 2005
   Finalized Initial Report and Recommendations
     Alaska Rural Justice and Law
       Enforcement Commission
   Public Hearings (15 total)
    - Held mainly in Rural Locations
    - Partnered with meetings of
       prominent organizations
    - Recorded and transcribed for review
       by Commissioners
     Alaska Rural Justice and Law
       Enforcement Commission
   AFN Convention – Invited Testimony
   Alaska Municipal League – Invited Testimony
   Alaska Inter-Tribal Council Convention – Invited
    Testimony
   Sitka - Public Testimony
   Juneau – Public Testimony
   Anchorage – Public Testimony
   Southwest Alaska Municipal Conference - Invited
    Testimony
   Bristol Bay Native Association, Dillingham – Public
    Testimony
     Alaska Rural Justice and Law
       Enforcement Commission
   Kawerak, Inc. – Public Testimony
   Native Village of Kotzebue – Public Testimony
   North Slope/NW Arctic Borough (Barrow) –
    Public Testimony
   Tanana Chiefs Conference – Fairbanks
    Invited Testimony
   Assoc. of Village Council Presidents – Bethel
   Mt. Sanford Tribal Consortium
   Organized Village of Kake
     Alaska Rural Justice and Law
       Enforcement Commission
   Working Groups - (50 members total)
       - Formed by topic area:
                -Law Enforcement
                -Judicial System
                -Alcohol Sale and Importation
                -Domestic Violence/Child Abuse
       - Chaired by Commission members
       - 8 – 17 members
       - Charged with presenting options
       - Met January – April 2005
                - weekly by teleconference
                - face to face meetings
    Alaska Rural Justice and Law
      Enforcement Commission
       Recommendation Highlights

 Working Groups created over 100
  options
 Commission adopted and organized
  options
 9 general categories as follows:
     Alaska Rural Justice and Law
       Enforcement Commission
                    Recommendations
   Engage in More Partnering and Collaboration
   Make Systemic Changes to Improve Rural Law
    Enforcement
   Enlarge the Use of Community-based Solutions
   Broaden the Use of Prevention Approaches
   Broaden the Use of Therapeutic Approaches
   Increase Employment of Rural Residents in Law
    Enforcement and Judicial Services
   Build Additional Capacity
   Increase Access to Judicial Services
   Expand the Use of New Technologies
     Alaska Rural Justice and Law
       Enforcement Commission
               Engage in More Partnering
                   and Collaboration

   Develop more effective communication and
    coordination, including cross training, among and
    between all governments and service agencies and
    organizations
   Strengthen state policy recognizing tribal civil
    decision-making
   Develop voluntary MOUs between tribes and the
    state – there is historic precedent and state law
    expressly authorizes DHSS to enter into agreements
    under ICWA
     Alaska Rural Justice and Law
       Enforcement Commission
   Make changes to federal laws to require more
    coordination
   Broaden the cross-recognition of judgments,
    final orders, laws and public acts of tribal,
    state and federal governments (e.g., ICWA
    and VAWA)
   Increased funding for DV programs for rural
    Alaska
   Develop agreements to better coordinate law
    enforcement and judicial services in rural AK
     Alaska Rural Justice and Law
       Enforcement Commission
            Make Systemic Changes to Improve
                 Rural Law Enforcement

   Secure funding to ensure that all law enforcement
    officers in rural Alaska have a basic minimal level of
    training and certification
   Law enforcement should be accomplished in a manner
    that does not threaten or diminish the sovereignty of
    either the state or tribes
   Cross-deputization of tribal and state/municipal
    police officers could help meet rural law enforcement
    needs if the state/tribes can reach agreement on
    shared training, certification and liability standards
     Alaska Rural Justice and Law
       Enforcement Commission
   Develop a reliable and up-to-date database
    identifying rural Alaska officers and current training
    levels for state/tribal/other village law enforcement
    to work effectively together
   Develop infrastructure to support new rural law
    enforcement, including housing, communications,
    technology, transportation, holding facilities, offices,
    and equipment
   Federal government undertake a more active role
    (including funding) to ensure adequate law
    enforcement in villages
   Examine options for alternative methods of police and
    public safety training – regional training
    programs/centers
     Alaska Rural Justice and Law
       Enforcement Commission
   Change state law to help law enforcement
    reduce importation of alcohol into dry villages
   Change state law to better clarify definition of
    “manufacture” of alcoholic beverages; remove
    inconsistencies in existing laws re quantities of
    alcohol that constitute violations; expand
    forfeiture and seizure provisions; ban written
    order sales to dry or damp villages; and
    establish alcohol distribution sites such as that in
    Barrow
     Alaska Rural Justice and Law
       Enforcement Commission
             DPS Specific Recommendations
   Initiate regional rural recruitment effort for rural
    police and public safety officers
   Develop part-time law enforcement positions for
    smaller villages and provide intensive training
    and continuing support
   Develop new approaches to provide housing in
    villages for new officers
   Initiate new system to ensure coverage in
    villages while officers being trained
     Alaska Rural Justice and Law
       Enforcement Commission
         Recent State Efforts to Improve
              Rural Law Enforcement

   New Troopers and Prosecutors
   Rural Prosecution Team
   Domestic Violence Fatality Review Teams
   Cold Case Prosecutor
   Village Safety Aides
     Alaska Rural Justice and Law
       Enforcement Commission
         State Efforts to Address Alcohol
           Importation and Interdiction

   Postal Service cross designation authority
   Governor’s Omnibus Crime Bill - SB 170
    (2004)
   Significant Bootlegging Prosecutions
      Alaska Rural Justice and Law
        Enforcement Commission
           Enlarge the Use of Community-based Solutions

   Amend state law to allow DJJ to delegate its authority to tribes
    (as defined in ICWA) in certain juvenile matters
   Amend Title 47 to permit tribes to participate in state court
    juvenile proceedings including sentencing or other proceedings
    and treatment
   Expand funding for local prevention, intervention programs for
    DV and child abuse
   Develop community-based, restorative justice re-entry programs
   DOC seek alternatives to out-of-state prisons including working
    with Native regional and non-profits
   Explore alcohol distribution centers
     Alaska Rural Justice and Law
       Enforcement Commission
    Broaden the Use of Prevention Approaches

   Insufficient prevention in rural Alaska
   Expand culturally appropriate programs
   Engage youth and adults in healthy activities
   Information in schools – early grades
    -DV, child abuse
    -Teaching respect-based values (Elders)
    -Interpersonal relationships
    -Alcohol/substance abuse
     Alaska Rural Justice and Law
       Enforcement Commission
    Broaden the Use of Therapeutic Approaches

   Alcohol/drug abuse
    -Local, family-oriented and culturally based substance
    abuse treatment programs
    -Long term residential care in hubs – women/children
    -Network of aftercare services in village to help
    sobriety
    -DOC work with nonprofit corporations to develop
    culturally relevant BH treatment programs for
    incarcerated individuals
    -Expand adolescent treatment programs
     Alaska Rural Justice and Law
       Enforcement Commission
 Court System expand use of additional
  therapeutic courts in rural Alaska
 Make changes to current foster care
  system
    -Group homes for youth not eligible for foster
    care
    -Change regulations to allow close relatives to
             receive compensation for foster care
   Increase number of Alaska Native foster
    homes for Alaska Native children
     Alaska Rural Justice and Law
       Enforcement Commission
      Increase Employment of Rural Residents in Law
             Enforcement and Judicial Services

   Overrepresentation of Alaska Natives in correctional
    systems
   Focused recruiting effort to employ Alaska Natives in
    systems (COs and POs, VPSOs and other local law
    enforcement programs
    -Increase number of Alaska Native VPSOs
    -Increase utilization and training of VPSOs as Probation
      Officers
    -Consider contracting with tribal governments to provide
      oversight of community service work
     Alaska Rural Justice and Law
       Enforcement Commission
             Build Additional Capacity

   Lack of infrastructure to support rural Alaska
    public safety
    -Improve housing
    -Increase intra-community transportation
    -Provide adequate law enforcement offices
       and holding facilities
    -Improve equipment
   Alaska Rural Justice and Law
     Enforcement Commission
  -Implement “sub-hub” concept
  -State-wide data base and reporting
     requirements to monitor
     investigations
 Consistent training for relevant court
  personnel and judges in DV, CA and SA
     Alaska Rural Justice and Law
       Enforcement Commission
           Increase Access to Judicial Services

   Enhanced funding to increase rural Alaskans’ access
    to civil legal assistance
   Restore federal funding opportunities for tribal
    courts located within the boundaries of municipalities
   Increase use of tribal courts and video-conferencing
    capability
   Training and technical assistance for state & tribal
    judges re cultural differences
   State collaborate more with tribal courts, provide
    translators and increase training on cultural
    competency and effective diversion programs
   Alaska Rural Justice and Law
     Enforcement Commission
      Expand the Use of New Technologies
Increase access to telecommunications
 Allow law enforcement to use telehealth system
  in rural Alaska
 Create system of regional 911 dispatch centers
 Open eligibility of tribes and rural Alaska police
  and public safety officers to Homeland Security
  programs and funding
 DOC explore electronic monitoring pilot project
 ABC Board develop statewide database for
  alcohol written orders
     Alaska Rural Justice and Law
       Enforcement Commission
               What didn’t get done?
   Development of uniform statewide tiered
    system of certification and training
   Develop template cross-deputization
    agreement between state and tribes
   Develop voluntary MOUs between tribes and
    state to coordinate and integrate child
    protection and DV protective services
   Appendix G-Alcohol Jurisdiction
     Alaska Rural Justice and Law
       Enforcement Commission
                  Commission Future

   Request to Congress to extend life of the
    Commission
   Expand representation on Commission
       State of Alaska, Commissioner of Health and
        Social Services
       Representative of Alaska Native Health Care
        providers
       Non-Voting State Court representative appointed
        by the Chief Justice of the Alaska Supreme Court
    Alaska Rural Justice and Law
      Enforcement Commission
           Commission Future

 Continue dialogue with stakeholders
 Monitor development and
  implementation of recommendations
 Conduct additional research
 Evaluate the impact of new and
  expanded activities into the future
     Alaska Rural Justice and Law
       Enforcement Commission
                   Commission Future

   Objectives to ensure implementation of
    Commission recommendations:
       Advocate at State and Federal levels
       Educate and obtain buy-in from stakeholders and
        public
       Advocate for expansion of innovative prevention,
        early intervention and treatment programs
       Increase interest in recruitment, training and
        hiring of qualified Alaska Natives in the law
        enforcement and justice fields
       Further define the role of the Commission
Alaska Rural Justice and Law
  Enforcement Commission



    Questions and Answers

				
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